ABDUL GANI RATHER Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-9-17
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 03,2020

ABDUL GANI RATHER Appellant
VERSUS
Union Territory Of JAndK Respondents




JUDGEMENT

- (1.)The detention of Abdul Gani Rather @ Gani Yazah S/o Ab. Khaliq Rather by the District Magistrate, Pulwama vide order No. 06/DMP/PSA/20 dated 15.01.2020 to prevent him from acting in any manner prejudicial to the Security of the State under Section 8 (a) of the Jammu and Kashmir Public Safety Act, 1978 is assailed in this petition by the detenu through his wife.
(2.)The detenu has challenged the order of detention on the grounds that; (i) the detenu has not been furnished all the material relied upon by the Detaining Authority, while passing the order of detention and this has prevented him from making an effective representation; (ii) the detention order is in the language which the detenu does not understand but the same has not been translated and explained to him in the language, he fully understands; (iii) the impugned order of detention has been passed when the detenu was already in custody arrested in FIR No. 05/2019 and has not shown any compelling and cogent reason for passing the order of detention; (iv) the detenu was arrested on 22.12.2019 in FIR No. 05/2019 under Sections 148, 149, 336 and 427 RPC and had neither applied for bail nor was there any likelihood of bail being granted to him in near future as he was arrested in non-bailable offences, therefore, the impugned detention order suffers from total non-application of mind; and (v) lastly, it is submitted that the detenu vide impugned order of detention dated 15.01.2020 was detained from acting in any manner prejudicial to the security of the State under the provisions of the Jammu and Kashmir Public Safety Act, 1978. However, as per the grounds of detention, District Magistrate Pulwama has stated that in order to prevent the detenu from indulging in the activities which are prejudicial to the maintenance of the public order, it is necessary to detain him, there is, thus, total non-application of mind by the Detaining Authority. Lastly, the grounds of detention are vague and mere assertion on which no representation can be made.
(3.)Mr. Mir Suhail, learned AAG has filed the counter as well as produced the detention record. As per learned AAG, all the statutory requirement and constitutional safeguards have been fulfilled and complied. The detention order has been passed by the Detaining Authority after deriving its subjective satisfaction in the matter. The grounds of detention as well as the entire material relied upon while passing the order of detention have been furnished to the detenu. The Executing Officer in compliance to the District Magistrate's order has furnished to the detenu all material relied upon by the Detaining Authority and explained the detention order and grounds to the detenu in the language, he understands. Execution report is on record. The grounds of detention are precise, proximate, pertinent and relevant.
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